People v. Revey

—Wherein it seeks reargument of the decision and order of this Court (168 AD2d 257) entered on December 6, 1990, the motion is granted only to the extent of deleting the third paragraph of the first page of such decision and order and substituting therefor the following; the Court otherwise adheres to its original determination: "The issue is whether the 42-day period from indictment (April 6, 1988) to arraignment (May 18, 1988), during which there was an outstanding bench warrant on the assault case, is chargeable to the People. Defendant argues that before this period may be excluded, the…